Watson Legal Services

Divorce

Going through a divorce can be very stressful and emotionally taxing to both parties. There are a lot of factors to consider when filing for a divorce, therefore it is important to ensure you understand the impact of the decisions made during this process. For this reason, it is important to seek legal advice to ensure you understand the process, know your rights and get the results you are seeking.   In Pennsylvania there are different types of divorces and each has different requirements and the time to complete the process varies as described below.
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Simple Divorce (i.e. No-Fault or Consent)

  • File a divorce complaint
  • Wait the mandatory 90 day period
  • Each party signs a sworn statement they want a divorce
  • Judge signs divorce decree

This process takes a minimum of 3 months.

Complex Divorce (i.e. Fault)

  • File a divorce complaint
  • Negotiation with other spouse
  • Masters Hearing
  • Hearing before a Judge, if needed
  • Divorce is finalized

The length of this process varies greatly due to the complexity of each case. Complex divorces may include property division, child custody, mediation, alimony, business valuations, and more.

Grounds for Divorce

No-Fault Consent Divorce
  • Requires the consent of both spouses

Consent is Presumed
  • A spouse has been convicted of committing a personal injury crime against the other spouse

Irretrievable Breakdown
  • Consent is not required by the other spouse
  • Must have lived separate and apart for two years or more if the date of separation was before December 5, 2016
  • Must have live separate and apart for one year or more if the date of separation was on or after December 5, 2016

Fault 
  • Must prove that your spouse did something wrong
  • Specific grounds for divorce:
  • Desertion for a year or more
  • Bigamy
  • Adultery
  • Imprisonment for two years or more 
  • Indignities
  • Endangering the life or health of the other spouse

Institutionalization
  • Insanity or a serious mental disorder of the other spouse
  • Must have been confined to a mental institution for at least 18 months before filing
  • Expectation must be for the other spouse to remain in the institution for at least 18 months after the filing 

Simple Divorce (i.e. No-Fault or Consent)

  • File a divorce complaint
  • Wait the mandatory 90 day period
  • Each party signs a sworn statement they want a divorce
  • Judge signs divorce decree

This process takes a minimum of 3 months.

Complex Divorce (i.e. Fault)

  • File a divorce complaint
  • Negotiation with other spouse
  • Masters Hearing
  • Hearing before a Judge, if needed
  • Divorce is finalized

The length of this process varies greatly due to the complexity of each case. Complex divorces may include property division, child custody, mediation, alimony, business valuations, and more.

Grounds for Divorce

No-Fault Consent Divorce
  • Requires the consent of both spouses

Consent is Presumed
  • A spouse has been convicted of committing a personal injury crime against the other spouse

Irretrievable Breakdown
  • Consent is not required by the other spouse
  • Must have lived separate and apart for two years or more if the date of separation was before December 5, 2016
  • Must have live separate and apart for one year or more if the date of separation was on or after December 5, 2016

Fault 
  • Must prove that your spouse did something wrong
  • Specific grounds for divorce:
  • Desertion for a year or more
  • Bigamy
  • Adultery
  • Imprisonment for two years or more 
  • Indignities
  • Endangering the life or health of the other spouse

Institutionalization
  • Insanity or a serious mental disorder of the other spouse
  • Must have been confined to a mental institution for at least 18 months before filing
  • Expectation must be for the other spouse to remain in the institution for at least 18 months after the filing